ONLY $35 FOR MOST ST LOUIS SPEEDING TICKETS Yes, there is a different procedure that your St Louis traffic ticket lawyer would handle such a ticket. But the end goal is still the same: we will want to get the ticket reduced to a non-moving violation. The following provides a brief description of how the process plays out: When you are pulled over by a highway patrolman, it is almost always going to be a situation in which you were driving on an interstate roadway (hence the name of their occupation). These officers are employed by the state of Missouri. If this type of officer issues a St Louis speeding ticket, an attorney can still fix it, but there is a slightly different way in which it is handled. First, your attorney will have to process the ticket through Jefferson City (the state capital). That is where such tickets are warehoused. Once the state receives information from your attorney, they will send the ticket to the county in which you live (for instance, St Louis…
St Louis Speeding Tickets: How Is A Traffic Ticket Handled If A Highway Patrolman Issues The Citation?
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What Absconding Isn’t
A recent case from the court of appeals helps inform our understanding of what it means to abscond from probation under the statutory absconding condition in G.S. 15A-1343(b)(3a). The case is State v. Williams. Defendant Logan Williams was placed on probation in 2014 for a drug offense committed in 2013. He was subject to all the regular conditions of probation, including the condition that he not abscond. It didn’t take long for his probation officer to realize that Williams did not have a settled living arrangement here in North Carolina. To the contrary, he was regularly traveling back and forth between North Carolina and New Jersey. Although he generally kept in touch with his probation officer via telephone, he missed some office appointments and was often unavailable for in-person supervision. Five months into the probation period the officer filed a violation report alleging seven violations, including the following: Regular Condition of Probation:…
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Kamin on The Last Stand Against State Marijuana Legalization
Sam Kamin (University of Denver Sturm College of Law) has posted The Battle of the Bulge: The Surprising Last Stand Against State Marijuana Legalization (45(3) Publius: The Journal of Federalism 427 (summer 2015)) on SSRN. Here is the abstract: Although...
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Pink Truth and Mary Kay on ABC’s 20/20
Tune in to 20/20 on ABC on Friday October 2 and October 9 for a story on the truth behind multi-level marketing. MLM is not a business opportunity, it’s a clever scam that has been made to look like a business. Host Rebecca Jarvis takes a look at multi-level marketing companies that target women, and will focus on Mary Kay Cosmetics. Those on the side of MLM say you can make “unlimited” money on your own terms, while those who are on the opposite side have found that 99% of distributors actually lose money. Four long-time Pink Truth members were interviewed at length for they story. They were all sales directors, and therefore part of the “top 2% of Mary Kay.” These women are part of the Mary Kay Cosmetics success story. Or are they? The truth is that the majority of the sales directors are barely making a minimum wage living, while some of them are actually losing money. This story digs into the Mary Kay con that has been crafted and refined for…
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The Boyfriend, the Altered Password and the Computer Fraud and Abuse Act
This post examines an opinion from the U.S. Court of Appeals for the 2d Circuit: Sewell v. Bernardin, 795 F.3d 337 (2015). The court begins by explaining that[i]n order to resolve this appeal, we address a matter of first impression in this Circuit: the operation of the statutes of limitations applicable under the civil enforcement provisions of the Computer Fraud and Abuse Act (CFAA.), 18 U.S. Code § 1030, and the Stored Communications Act (SCA.), 18 U.S. Code § 2701, et seq. A plaintiff bringing an action under the CFAA's civil enforcement provision must do so `within 2 years of the date of the act complained of or the date of the discovery of the damage.’ 18 U.S. Code § 1030(g). The SCA provides that `[a] civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.’ 18 U.S. Code…
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Two-vehicle crash SH19 @15.8, west of Caldwell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 9/29/2015 3:36 p.m. Please direct questions to the District Office On Tuesday, September 29, 2015, at approximately 8:00 a.m., the Idaho State Police investigated a two-vehicle, injury crash on SH-19 at milepost 15.8, at the intersection of Simplot Boulevard and Pinto Lane, west of Caldwell. William Maxwell, 23, of Homedale, was eastbound on SH-19 in a 1993 Kenworth truck, turning left onto Pinto Lane. Shawn Albano, 26, of Pocatello, was westbound in a 2001 Dodge Neon. While Maxwell was negotiating the turn, the Dodge struck the back of the Kenworth. All occupants were wearing their seatbelts. A passenger in the Dodge Neon was transported to St. Alphonsus Regional…
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Injury Crash on SH39
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 09/29/15 3:40 PM Please direct questions to the District Office At this time, the Idaho State Police is responding to an injury crash southbound on State Highway 39 at milepost 23, about halfway between American Falls and Blackfoot. There is limited blockage due to emergency vehicles that are responding. More information will be relayed as it becomes available. EH / KL -------------
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The Next Step in the Fight to Prove Joseph Buffey’s Innocence
Next week, the West Virginia Supreme will hear arguments in the case of Innocence Project client Joseph Buffey, who is currently serving 70 to 100 years for a 2001 rape and robbery that DNA evidence proves he did not commit. Innocence Project attorneys will argue that Buffey’s conviction should be overturned. They will present evidence showing that in 2002 the prosecution violated Buffey’s constitutional rights by offering him a plea deal when, in fact, they possessed DNA results proving his innocence, but neglected to turn over that evidence to the defense. In 2002, at the urging of his lawyer, Buffey entered a guilty plea to raping and robbing an 83-year-old Clarksburg, Virginia, woman in her home, although he maintained his innocence. In subsequent years, the Innocence Project secured evidence which proved that Buffey was right. Not only did the organization secure DNA testing that excluded Buffey from the crime, but it also uncovered evidence that the…
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News Scan
Glossip Denied Stay: A condemned Oklahoma death row inmate's appeals and request for a stay of execution were denied by the state Court of Criminal Appeals, allowing the scheduled execution to move forward. Mark Berman of the Washington Post reports that attorneys for Richard Glossip, a convicted murderer, requested that the state appeals court halt his execution, arguing that Glossip was improperly tried and sentenced due to reliance on witness testimony, but the court rejected the claims with a 3-2 vote, finding that his conviction was "not based solely on testimony of a codefendant." Glossip was convicted and sentenced to death for the 1997 beating death of Barry Van Treese, a motel worker. Though he was not convicted of personally killing Van Treese, he was found guilty of paying Justin Sneed, serving a life sentence without the possibility of parole, to kill him. Glossip will be executed by lethal injection Wednesday morning. …
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TIME SPENT IN JAIL WHILE ON PROBATION: Urban Myth – The 12 Month Limit (15-18)
URBAN MYTH – Many years ago, an entire generation of judges and attorneys were taught that Minnesota law (MS 609.135, subd 4) established a 12 month cap on the total amount of local jail that a defendant could be required to serve (whether as a condition of probation or as a sanction for violating probation), and that any incarceration in excess of 12 months would require execution of the stayed sentence = prison. This update is designed to dispel that myth and provide the bench and bar with a simple explanation and general rule along with supporting authority. TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK: PendletonUpdate 15-18
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Long-awaited bipartisan federal criminal justice reform bill to emerge from Senate this week
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Burke on Consent Searches
Alafair S. Burke (Hofstra University - Maurice A. Deane School of Law) has posted Consent Searches and Fourth Amendment Reasonableness (67 Fla. L. Rev. 509 (2015)) on SSRN. Here is the abstract: This Article builds on a growing body of...
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New papers looking closely (and differently) at offender-based sentencing considerations
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South Dakota tribe poised to open "marijuana resort" to serve as "adult playground"
This new AP article, headlined "Nation's first marijuana resort to open in South Dakota," discusses the soon-to-be-up-and-running marijuana business at the Flandreau Santee Sioux Reservation. Here are the basic details: The Santee Sioux tribe has already proven its business acumen, running a successful casino, a 120-room hotel and a 240-head...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/DyF7Dq3E4YA" height="1" width="1" alt=""/>
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SELFIES
It was bound to happen. An attorney in Milwaukee won a first degree murder trial. Then he took a selfie with his client. Then he posted it on Facebook. Then he got into trouble with the court. The story is here. Query: What is the difference between the attorney taking a selfie and an enterprising reporter taking a picture of the attorney with his arm around his client on the courthouse steps after an acquittal ( an emotional scene we have taken part in several dozen times)? It might not be the brightest thing to do. But we don't see it as violating any court order or Bar rule. A win is a win is a win. NOT STATE COURT…DUHWhat is it about the feds that causes them not to just act snooty and superior to state court, but makes them trash state court whenever they can take a cheap shot? David Ovalle tweeted this today when covering a sentencing hearing:David…
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"Germany prosecutor investigating former VW CEO"
From Jurist: The Braunschweig public prosecutor's office [official website, in German] opened acriminal investigation [press release, in German] Monday of former Volkswagen CEO Martin Winterkorn [Forbes profile], following accusations that the company cheated on government emissions tests by manipulating exhaust...
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**UPDATE** - Injury Crash on S.H. 39
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 09/29/15 - 7:00 PM Please direct questions to the District Office **UPDATE** On Tuesday, September 29, 2015, at approximately 3:00 p.m., Idaho State Police investigated a two-vehicle, injury crash on State Highway 39 north of Aberdeen. Bernardo Heredia Mendoza, 24, of Aberdeen, was driving south in a 1997 Nissan pickup pulling a trailer. Breanne Viles, 25, of Aberdeen, was behind Heredia Mendoza in a 1982 GMC truck hauling potatoes. Heredia Mendoza slowed to make a left-hand turn near the address of 1139 South Highway 39, but the taillights and turn signals on the trailer were not functioning properly. In an attempt to avoid a collision, Viles swerved left. Viles'…
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"Gerry Adams, Sinn Fein Leader, Won’t Face Prosecution Over 1972 Murder"
From The New York Times: Northern Ireland’s public prosecution service said that it would not bring charges against Mr. Adams, or six others who had been questioned by the police, because there was little hope of securing a conviction in...
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The Fifth Amendment Privilege Against Self-Incrimination in New Jersey DWI Cases
The Bill of Rights contains numerous important protections for people against possible overreach by the government, especially in prosecutions for alleged offenses. The Fifth Amendment protects a very important right: the privilege against self-incrimination. This means that a court cannot compel a person to testify against themselves in a criminal trial. A person invoking this privilege is often said to be “taking the Fifth.” The laws that deal with driving while intoxicated (DWI) in New Jersey and many other states, however, seem to conflict with this privilege in some ways, such as by requiring drivers to submit to breath testing. It is worth looking more closely at these laws, and how the U.S. Supreme Court and New Jersey courts have interpreted them in light of the Bill of Rights. The state can present statements made by a defendant as evidence of guilt at trial, with some important restrictions. One of the most famous decisions by the U.S. Supreme Court,…
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News Scan
Convicted VA Killer to be Executed: Virginia Gov. Terry McAuliffe announced Monday that he will not intervene in the scheduled execution of a convicted serial murderer, allowing the execution to move forward this week. Tom Jackman of the Washington Post reports that 49-year-old Alfredo Prieto received two death sentences in 2010 for the 1988 murderers of Rachel Raver and Warren Fulton III, and was also linked by DNA to another Northern Virginia murder that occurred that same year. It is believed Prieto committed nine murders between 1988 and 1990. He received a death sentence in California for the rape and murder of a 15-year-old girl. Prieto's defense lawyers claimed he was mentally retarded in his 2007 and 2008 trials in an effort convince the juries to spare his life, but the juries in both trials convicted him of capital murder. He faces death by lethal injection Thursday night. US Failing to Stop People from Joining ISIS: An…
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